Q & A Session – MSPB Jurisdiction for Constructive Discharge
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
The Merit Systems Protection Board (MSPB) has ruled it does not have jurisdiction for constructive discharge of involuntary retirement since my agency has not separated me.
Once I am separated, can I refile the constructive discharge?
A:
Constructive discharge is when you resign because of intolerable conditions and argue that those conditions forced your resignation. Constructive discharge is hard to prove, so if you resign the MSPB might still decline jurisdiction.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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